The woman who claims that Judge Brett Kavanaugh tried, as a high school student, to assault her at a party has now said she won’t testify until after the FBI investigates.  Never mind that the FBI has already done several very thorough background checks on Kavanaugh and has declined to look at claims of this incident from who-knows-what-year at who-knows-what-address, and also never mind that Kavanaugh’s confirmation hearings have already been held.

Sen. Dianne Feinstein’s unconscionable withholding of this allegation until days before the committee vote is responsible for this mess.  But her liberal colleagues love it.  What a brilliant strategy!  Why, maybe now they can delay the full Senate vote until after the midterms, when they perhaps will have just enough votes to derail Kavanaugh’s appointment.  And if they don’t have the votes then, heck, maybe they can delay for a couple more years or longer, till after the 2020 election and the convening of the newly reconstituted Senate in 2021, and then see how it goes.  Sure, they can keep a seat on the Supreme Court vacant for years if necessary!  Why not?

 

Sen. Feinstein and her like-minded colleagues are ready to do whatever is necessary to keep this charade going.  The ongoing circus would have the added benefit of taking attention off any news that might be made in the coming weeks from declassifying those previously redacted FBI documents.

 

So, the accuser's demand is this:  FBI investigation of Judge Kavanaugh first, her testimony afterwards.  But one of our go-to legal experts, Jonathan Turley, says it should be the other way around.  “There may indeed be a basis for reopening the FBI background investigation,” he says, “but the priority is to get both the testimony of Ford and Kavanaugh under oath.”

 

Turley says it was correct for the Senate to delay the vote to give Ford a chance to testify.  We don’t know much about her allegations, he points out, because we haven’t heard from her.  She has the right to be heard, but she does not have the right to set the conditions before testifying under oath, as she is trying to do.  Similarly, though some Democrats are saying that she has “a right to be believed,” she does not.  No one does.  Under due process, she has the right to be heard, but there is no legal right to be believed.  (It’s not in the Constitution.  Take a look.)


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Even Sen. Feinstein has let it slip that she doesn’t know if everything Ford says is truthful.  Now, that doesn’t necessarily mean Ford is deliberately lying, just that she might not be remembering what, in truth, happened.  From what I’ve heard, most victims of assault can remember the place, the date (certainly the year), the situation, who was there, and many other details they’d probably LIKE to forget.  This woman’s recollection is so vague and the incident happened so long ago that it’s easy to think she might be mistaken.

 

That can happen in therapy, especially with “recovered memories” many years later, the power of suggestion and sometimes hypnosis.  If that were the case, she might pass a polygraph with flying colors by remembering something as true that didn’t really happen that way.  Someone likely did behave aggressively towards her at some point, but it might have been another boy.  The therapist’s notes don’t give his name, not even a first name.  It might have been at a party that Kavanaugh didn’t even attend, but how can he establish that if there is no date, no location?

 

Anyway, Turley offers a good rationale for having the testimony come first.  These two people may not remember much more than what we’ve already been told –- Kavanaugh says he remembers NOTHING because he was not THERE –- but we’d be able to establish for the record exactly what that is.  “Once their testimony is locked in,” says Turley, “the Senate –- and the public –- will have a better idea of whether further investigation is warranted.”

 

That investigation would take the form of a reopened FBI background investigation and, from what some law enforcement experts are saying, might be completed in a matter of days.  It would definitely NOT, according to Judiciary Committee Chairman Chuck Grassley, be an FBI criminal investigation.

 

At this writing, Dr. Ford has been given until 10AM Friday to let Congress know if she’s going to testify on Monday.  It can be an open hearing, a closed hearing, or she can just be questioned by congressional staff.  Amazingly, he is even offering to have the questioners travel to her location if that’s what she prefers.  Prediction:  If Sen. Grassley announces that Ford’s failure to testify Monday will trigger the scheduled vote, and the Republicans appear to have the votes to confirm, she’ll go under oath one way or another.  Because the whole idea of this is to keep that vote from happening.

 

https://thehill.com/opinion/judiciary/407405-ford-has-no-right-to-set-conditions-for-kavanaugh-testimony

UPDATE:  

In his latest column for NATIONAL REVIEW, Andrew C. McCarthy echoes what we've been saying about the painfully obvious goal of Senate Democrats' use of Dr. Ford's claim, and he minces no words.  Indeed, he says that if they're allowed to get what they want through tactics like these, the integrity of the Senate confirmation process will have been essentially destroyed.  (Of course it will --- these people destroy everything they touch, and that's exactly what they mean to do.)  Senate Republicans MUST stand firm.

McCarthy's column is an absolute must-read.  He also includes a link to his previous column on the same subject,; it's a must-read, too.

https://www.nationalreview.com/2018/09/brett-kavanaugh-accuser-must-testify/

           

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Comments 1-25 of 37

  • Reissa Reedy

    09/21/2018 09:00 AM

    She sounds troubled, regardless of the validity of her memory...seriously, is she under supervision? Seems VERY fragile.

  • Dr. Matt Hogendobler

    09/21/2018 01:41 AM

    Keep up the good work!

    https://www.cnn.com/2018/09/19/politics/anita-hill-clarence-thomas-allegations-timeline/index.html

  • Deborah McCallum

    09/21/2018 12:07 AM

    Apparently AMTRAK is not on the "Trump Train". I had to cancel my Amtrak reservation for 9/25 due to my need to clean my home and yard in a Florence damaged area. I explained this to Amtrak but they are leaving a cancellation fee in place, refusing to refund the total amount prepaid.

  • Linda Swan

    09/20/2018 08:50 PM

    ??. So sad.

  • Nancy emmons

    09/20/2018 07:29 PM

    I used to think Diane Feinstein was one of the more honest Democrats. So disappointed in what she just did to try and stop Kavanaugh.

  • Amelia Little

    09/20/2018 06:37 PM

    I'm guessing the democrats have come to realize that all their tantrums and demands aren't going to let them get their way in everything. One of their stupid dirty tantrum/tricks was when President Trump gave them even more than they were demanding in the DACA fight--just for them to turn their noses up. So, there was a 2pm (today) news release where now, it would seem that the accuser would be prepared to testify next week, if the terms are "fair." Come to think of it, that right there might mean no testimony, depending on what she (and her attorney and feinstein and the big financial backers will determine to be "fair.") I smh when I see that there have been death threats (but, if true--exactly WHO is making these threats? Conservatives who are angry? Anti-fa or other groups?) Of course, it is sad that there have been death threats. And that her family has had to move and are afraid---not unlike what some of President Trump's administration staff and their families have been subjected to--not that it makes it okay in either case.

  • Carmine Fea

    09/20/2018 05:59 PM

    Andrew McCarthy's comments are so true. Thank God for Andrew McCarthy. Republicans on the senate judiciary committee must stand firm in their decision to hold a hearing Monday followed shortly thereafter by a vote to confirm Judge Kavanaugh. No changes, no capitulation, no tolerance for democrat dirty tricks! The Ethics Committee should punish Senator Feinstein for failing to follow senate confirmation procedures and engaging in dirty tricks demeaning our US senate. Senator Feinstein will hereafter be known as one of the dirtiest senators in the US congress.

  • Joan Logan

    09/20/2018 05:27 PM

    This just shows that we need "term limits" desperately in Congress. Feinstein has had her "day in the sun", now, and it is time to move on with the vote for Kavanaugh.

  • Elaine Liming

    09/20/2018 04:46 PM

    Mike this whole thing with this woman coming in with her story from 36 years ago is nonsense. From what I am reading this is her way of getting back at Judge Kavanaugh's mother who was the judge who presided at her parents bankruptcy case. This is definitely a delaying tactic being used by the Democrats to not appoint the Judge till after the election and hopefully on their part have the votes to deny his appointment. I am very angry about this and my friends in Ca. who will be voting are out to get Feinstein for this ploy.
    I tried to send the Senator an e-mail but it was sent back to me. If you have a phone number for her office, I want to call and leave her a message. She needs to hear from those of us who vote in Ca. I have already shared Sen. Sasse's Civics 101 to the committee dealing with Judge Kavanaugh with my friends all over the country and Canada and the e-mails back to me were all positive. My California friends are voting and the Democratic ones are going Republican. We are praying too. Please if you have Sen. Feinstein's office phone number I would really appreciate it. Thanks for your commentary;

  • Nancy B. Breazeale

    09/20/2018 04:01 PM

    If the Republicans let Kavanaugh confirmation get derailed at this late date, there is no justice in our government. This woman should show up on Monday and testify...If she does not, then I feel that her claims are unfounded and she is not being truthful. Dianne Feinstein sat on this until the 11th hour and she should be ashamed of herself...I am so over the Dems dragging their feet on anything going on in D.C. The republicans need to grow a pair and get a spine and stop letting the Dems thwart them at every turn....Please tell the Republicans to grow a backbone for me..I am not a child...I am 75 years old and am tired of the corruption in Washington, D.C.
    Thank you ,
    Nancy B. Breazeale

  • Doug Morgan

    09/20/2018 03:02 PM

    Four seventeen year-old fellows and two fifteen year-old girls at a "party" where liquor flowed? What type of place was that??? What type of girls were they? Older teenaged boys seldom pay any attention to younger girls...it's not cool. Most girls that age wouldn't be allowed to attend a party like that. If they did, certainly the girls who attended would remember...and gain a quick reputation for asking for trouble. When I was 15, my 17-year-old brother hosted gatherings in our home but no younger girls were there and certainly nothing intoxicating...just lots of soft drinks, food, and loud music.

  • Ted Hitzler

    09/20/2018 02:43 PM

    Sir this proves that the whole dem. party is anti American.My Dad once said that socialism is one step before communism.

    Thank You,
    Ted D. Hitzler

  • Cheryl Lindsey

    09/20/2018 02:43 PM

    There are always unintended consequences when we make claims that may or may not be true but I will say this. When I was seven years old, my mother picked me up from school early and because there was a Disney movie showing across the street from where she worked she took me over to the theater to watch the movie until her work had ended. The theater was only a few short steps from her company.

    I decided to sit in the darkened theater in the back row on the end seat near the door in which there was a window with light coming in from the highly lit lobby. So, when people walked through the door I could faintly make out if they were male or female. A man wearing a hat decided to sit in the seat next to me on my left. The theater was barely full as it was a weekday in the middle of the day. As a naive seven year old I never expected what would happen next. This stranger reached over and grabbed my left leg and I froze. I suppose my guardian angel was with me that day because I jumped up and flew out the door to the lobby, told the person working behind the refreshment counter what happened and she called my mother who came running.

    My point is this. This happened to me more years ago than I care to remember and I remember it as if it happened yesterday. If I can remember those details, then this 50 plus woman who has made these accusations against Judge Kavanaugh certainly should remember more than she has been sharing if the experience was as horrific as she has stated. I do remember as a teenager dating a few smart alecky boys who in their youth behaved badly and I even have seen them on Facebook. They have turned into fine individuals with beautiful families. I also remember some young ladies in my high school who shall we say knew the football players as well as the players knew the young ladies. Do we really want to go down this path and investigate what people have done in their youth?

    As for the FBI investigating this matter. Which FBI would that be? The leftist FBI leftover from the Obama admin who have been trying to get rid of Trump since he was nominated or the Trump FBI?

  • joseph orsini

    09/20/2018 02:06 PM

    High school drinking parties may mean that both Kavanaugh and Ford have fuzzy memories. The several dozen women, who have dated and worked for him over the decades, all vouch strongly for him. Clearly, he is no Harvey Weinstein.

  • Patty Howe Willey

    09/20/2018 01:49 PM

    Has anyone considered that this woman, who may be 50 years old, was using an illegal substance at this party, if there really was one. Further, if she can’t remember the circumstances that brought her to this alleged party at an unknown residence, with people she can’t remember, how could anything she testifies to be believed?

  • Justin Blanchard

    09/20/2018 01:26 PM

    I think it's absolutely disgusting the way the Democrats are acting. They don't even care for the so called victim. The allegation should be taken seriously, but being that this did not come up during his previous background check, I believe that all this situation is horse poo. Kavanaugh has repeatedly denied the allegation. He is innocent. The woman is lying and needs to be held accountable.

  • Lee Marcum

    09/20/2018 01:26 PM

    with over 10 years exp as a Spouse/Child Abuse counselor...there are three things"the "alleged victim" and perpetrator NEVER forget unless either were drugged at the time the event(s) took place...1st. when, 2nd. who, 3 rd. what (Aren't these the same three things all journalism is supposed to find out?). As soon as I read a copy of the redacted letter I saw a lot of holes in it. First get the facts of her home/school life and her HS behavior record (not year-book). Then her college record. I "suspect the alleged rape" was planned as a way to discredit the mother judge in the foreclosure case. Get the other four girls and pin-point the exact time and location. That takes about 15 minutes of investigation.

  • Ann Tromba`

    09/20/2018 01:07 PM

    Thanks Gov. Huckabee for your enlightening article which, in my opinion, is spot on.

  • PHILLIP A HOCOTT

    09/20/2018 01:06 PM

    Subpoena, subpoena,subpoena!!!! Ford and Feinstein!!Also, Mark Judge! No "invitations" to testify!! What a joke!!! When are the pantywaist Republicans going to put on their "big boy or girl panties", and fire back against the conniving Dems who obstruct, by their nature!!?? If we don't live by the rule of law........then we succumb to the rule of Political Correctness....and we fail as a Constitutional Republic!
    I'm not sure where all or even some of our Founding Fathers are buried......but I guarantee their Graves are disturbed by the failure of their ingenious system of government to prevail when ONE party is intent on subverting it in the name of.......help me out here......SOCIAL JUSTICE!!
    Kavanaugh will win.......a Red Wave will happen.....the Republicans will Govern for 3 more terms....at least!!!
    Have a nice day.

  • Jay French

    09/20/2018 12:57 PM

    Concerning the supposed lack of memory by the Professor, this can be easily explained by a glance at the High School yearbook. It seems this school was Party Central complete with extremely frequent unsupervised parties featuring the usual assortment of entertainment (liquor, drugs & sex). Passing Out from the effects was considered normal as was memory loss the next day.
    By her own admission which was obtained elsewhere, the Professor had an alcohol problem & had by her estimation had sex with 71 men/boys during her High School years.
    That she had an attempted rape episode or a few of them is not unexpected & it is entirely possible she has convinced herself that 1 such episode starred the SCOTUS nominee although mistakenly so.
    But this does explain the memory loss, the failure to make a police complaint & her memories may very well be clouded by an inebriated state not even mentioning how she was very sexually active. That she may pointedly want to take down the SCOTUS nominee as a measure of revenge well in keeping with her now leftist politics & gain a measure of fame by accomplishing this act would be in keeping with a determination of comforting herself psychologically in her memories of that part of her life & does explain why she does not want to be cross examined as to her state of mind & why it was that way. At this point in life she does not want to be branded as a high school drunken slut.
    My 2 cents & knew a few similar when I was in High School during the Hippie revolution in San Francisco where a girl needing a place to sleep would easily spend a weekend & bring her best friend as long as they both could eat, bathe & sleep on a real bed. Needless to say it ruined my perception of relationships for over a decade.

  • Edward Phipps

    09/20/2018 12:55 PM

    This is awful what the Democrats are doing THEY. Have convicted Judge Kavanah What a sad time for our country


  • William Schlumpf

    09/20/2018 12:50 PM

    If the left succeeds in delaying confirmation, and as some are saying, blocking any appointments to the Court as long as Donald Trump is President then the Constitution no longer has meaning and we will no longer be able to say to someone who says one " has a right to be believed, " "read the Constitution. "
    I have always seen the Constitution as a legal contract between the People and those who are entrusted to govern us. Any extraConstiutional meddling in our affairs by activist jurists is a breach of that trust. The founders knew the depravity of man from the historical record in the Bible which is why they had such a difficult time in drafting the document until Benjamin Franklin stood up and addressed the Convention reminding the delegates how all through the War the Continental Congtess regularly called upon God for His intercession and how He repeatedly brought their impossible tasks to fruition . He then called for the delegates to suspend deliberations and they agreed to a three day period of prayer and fasting. Afterwards they resumed deliberations and the Constitution was drafted forthwith. Though the Constitution was held in contempt by some in law schools and some activist jurists even the 1800s, Congress regularly considered the Constitutionality of proposed legislation until directed otherwise by FDR in a letter he sent them seeking to expedite his Constitution defying proposed prorams during the 30's.
    With respect with this highly suspicious attempt to derail the Kavanaugh nomination, assuming accounts I have heard are true: the claimant says her therapist made an error in recording 4 assailants she escaped from which she claims is now 2. A 5 person party of 4 17 yr old boys and 1 15 year old girl? She was in a bathing suit so must have been swimming nearby her home as she also claims she left the house at night on foot presumably without shoes unless she had matching shoes for her bathing suit. So if she can just try hard and remember where her home was she can remember where she was except imagination is not a place on the map.
    Since her memory of what should have been a traumatic, memorable event is so hazy, how does she know it was Kavanaugh and Judge? Does anyone remember the names of acquaintances from teenage parties 30 years later? Besides, teenage partygoers identify themselves by first names or nicknames. Hard to imagine her at 15 years old being introduced to Bret Kavanaugh and she asking "how do you spell your last name"
    and then remembering. Account and delivery highly, highly suspicious. But then again she does have a right to be heard, if she speaks.

  • Doug Morgan

    09/20/2018 12:42 PM

    Yes the Socialist Democrats will stop at nothing regardless of how evil it is to destroy Trump and his policies. But, Republicans are to blame for allowing it to happen. They should have called for a vote by now and stop the non-sense. BUT, they roll over and play dead and allow this ridiculous charade to start and continue. My state has a Democrat Senator and a Republican Senator. As I regularly do, I contacted both, urging them to confirm Judge Kavanaugh, and as usual my Democrat Senator responds (as she always does) with a "screw you" response and advises me that she know more about the issue than I do and she is not going to vote for his confirmation. The Republican Senator, as usual, is missing in action and I never hear from him.

    SO, is it the Democrats fault for fighting for their objective even though it is to destroy the country, or the Republicans for shaking in their boots from fear of offending their socialist neighbors in the swamp.

  • Thomas J Rsu

    09/20/2018 12:17 PM

    She is looking for any information that she can get to then insert into her story. Any investigation will leak nonfacts included!

  • Harlean Greathouse

    09/20/2018 12:03 PM

    Even a moron could figure this out. When Diane Feinstein received this "secret" letter, she recognized it as her "Ace in the Hole" in case all the plans for the hearings they had put in as stumbling blocks such as the protestors who interrupted every few minutes failed to work. As time for the vote neared, and when they thought it couldn't go forward without an FBi investigation that would further delay things, she put the next step into action. After all, she had kept this to herself for weeks. So I wonder who leaked it to the press???? Only two people were aware of this letter and one wanted to remain anonymous, so it is very obvious where the leak came from. Now ,alas, even this plan is failing. This is not surprising since from the day Donald Trump became president, the Democrats have just been throwing things against the wall trying to find something that well stick. And the clock is running out.